University of KentuckyUKnowledge

Correspondence SEAALL Archive

6-6-1991

Note to Mary Cross enclosing materials fromAALL, June 6, 1991Timothy Coggins

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Repository CitationCoggins, Timothy, "Note to Mary Cross enclosing materials from AALL, June 6, 1991" (1991). Correspondence. 286.https://uknowledge.uky.edu/seaall_cor/286

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Law Library The University of North Carolina

CB# 3380, Van Hecke-Wettach Bldg. Chapel Hill , NC 27599-3380

MEMORANDUM To:

From:

Date:

~ tvF ~ 1,..-,-~

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Form No. 1215

American Asaociation of Law Libraries LEGAL lNFORMATION SBMCE TO THE PUBLIC

'SPECIAL NTEREST SECTION 53 W..Jacbon Bou4e\lard • Suite IMO

Chicago, lllnols 80604

May 2, 1990

Timothy Coggins President SEALL Chapter University of North Carolina at Chapel Rill Law Library Van Hecke-Wettach Bldg. CB 3385 Chapel Hill, NC 27599

Dear Timothy:

As you may know, a resolution proposed by the Legal Information Service to the Public SIS was passed by AALL at our annual meeting in Minneapolis. That resolution encourages AALL Chapters to plan for and initiate pro bono activities for your chapter's membership. Some ideas for developing such programs are outlined in the enclosed chapter, "Starting a Pro Bono Program: Chapter Guidelines".

In February, our SIS contacted legal service organizations in your locale about connecting their pro bono service programs which-might already be in place to projects of interest to law librarians in your chapter. With this mailing, we are providing you with a list of organizations that were contacted so that your chapter, and your LISP Committee in particular, has a ..:working list of associations with whom you may link librarians interested in participating in pro bono projects.

Please read the enclosed "Starting a Pro Bono Program" chapter. You will find some ideas for programs that you personally might promote to your chapter membership. A few of those ideas include cataloging or organizing a specialized collection for pro hono volunteers, providing research on local ordinances, or developing referral lists, bibliographies or research subject guides. We encourage you to develop such programs. Please contact me by mail at the University of Colorado Law Library, Campus Box 402, Boulder, CO 80309-0402, or contact our 1990-91 Chair, Mary Ann Nelson (314) 889-6434 ~ith questions or with other program ideas.

As pro bono programs are developed in the coming years, we would be interested in hearing about them. Please send information to us to include in our SIS's LISP Newsletters.

Sincerely,

Bobbie Studwell Past Chair

SEALL

ALABAMA

Reginald T. Hamner, Executive Director Alabama State Bar 415 Dexter Street P.O. Box 671 Montgomery, AL 36104

Beth Carmichael, Executive Director Birmingham Bar Association 2nd Floor 109 North 20th Street Birmingham, AL 35203

FLORIDA

John F. Harkness, Jr., Executive Director The Florida Bar The Florida Bar Center 650 Apalachee Parkway Tallahassee, FL 32399-2300

Johnnie M. Ridgely, Ex~cutive Secretary Dade County Bar Association No. 214 111 N.W. First Avenue Miami, FL 33128

Scott Manien Private-Attorney Involvement Program of Florida Florida Legal Services Sun Federal Plaza 345 S. Magnolia Drive, Suite A-27 Tallahassee, FL 32301

GEORGIA

Allan Kirwan, Executive Director State Bar of Georgia 800 The Hurt Building Atlanta, GA 30303

Diane B. O'Steen, Executive Director Atlanta Bar Association Suite 2500 The Equitable Building 100 Peachtree Street, Northwest Atlanta, GA 30303

Avarita Hanson Pro Bono Project of the State Bar of Georgia Suite 800, The Hurt building 50 Hurt Plaza Atlanta, GA 30303

KENTUCKY

Bruce K. Davis, Executive Director Kentucky Ear.Association West Main at Kentucky River Frankfort, KY 40601

Barry S. Queenan, Executive Director Louisville Bar Association 707 West Main Street Louisville, KY 40202

LOUISIANA

Thomas O. Collins, Jr., Executive Counsel Louisiana State Bar Association 601 St. Charles Avenue New Orleans, LA 70130

Edward .M. Bonney, Executive Director Maine State Bar Association 124 State Street P.O. Box 788 Augusta, ME 04330

MISSISSIPPI

Larry.Houchins, Executive Director Mississippi State Bar 643 N State Street Jackson, MS 39202

NORTH CAROLINA

B. E. James, Executive Director North Carolina State Bar 208 - Fayetteville Street Mall Raleigh, NC 27611

Allan B. Head, Executive Diretor North Carolina Bar Association 1312 Annapolis Drive P.O. Box 12806 Raleigh, NC 27611

Marjorie Putnam North Carolina Bar Association Pro Bono Project P.O. Box 12806 Raleigh, NC 27605

PUERTO RICO

Carmen .Navas, Executive Director Puerto Rico .Bar.Association P.O. Box .1900 San Juan, PR 00903

SOUTH AROLINA

Robert S. Wells, Executive Director South Carolina Bar 950 Taylor Street P.O. Box 608 Columbia, SC 29202

TENNESSEE

Gilbert R. Campbell, Jr., Executive Director Tennessee Bar Association 3622 Westend Avenue Nashville, TN 37205

VIRGINIA

Thomas A. Edmonds, Executive Director Virginia State Bar Suite 1000 Ross .. Building 801 Main Street Richmond, VA 23219

Sue Gif t anders, Executive Director Virginia Bar Association Suite 1515 701 East Franklin Street Richmond, VA 23219

WES'F VIRGINIA

Thomas -R. · Tinder, Executive Director West Virginia State Bar E-400 State Capitol Charleston, WV 25305

F. Witcher McCullough, Jr., Executive Director West Virginia Bar Association 904 Security Building 100 Capitol Street Charleston, WV 25301

AMERICAN BAR ASSOCIATION SPECIAL COMMITTEES 750 North Lake Shore Dr. Chicago, IL 60611-4497

Chair Committee on Youth Education for Citizenship

Chair Commission on Public Understanding About the Law

Chair Commission on Opportunities £or Minorities in the Profession

Chair Coordinating Committee on Outreach

Chair Commission on Legal Problems of the Elderly

Chair Consortium on Legal Services and the Public

Chair Speci·a1 Committee on Delivery of Legal Services

Chair Committee on Public Education

Chair Committee on Legal Aid and Indigent Defendants

Chair Committee on Lawyer Referral and nforrnation Service

,,.

STARTING A PRO BONO PROGRAM: CHAPTER.'GUIDELINES

INTRODUCTION

According to the .American Association of . Law Libraries Code of Ethics, " ... law librarians, while engaged in their professional work, ... have a duty actively to promote free -and effective access to legal information (as well as) a duty to society and the legal profession to work .both individually and through their professional organizations toward improving the quality and minimizing the cost of the library component of the delivery of legal services." 1 The following text was developed to provide guidelines for the establishment and maintenance of a pro bono program based on the provision of services byiaw librarians. This document was created to provide .suggestions/ideas for the implementation of such a program in your locality. It was not intended to function as a blueprint, but to serve as a framework for the initiation of a pro bono services program.

Since no two chapters are alike, each pro bono program must be tailored to meet local needs. These guidelines should be modified or adapted in accordance with the availability of resources, level o~ membership interest, geographical considerations and other relateq factors.

WHY INITIATE . A PRO BONO PROGRAM?

1. Pro bone, the shortened version of pro bone publico, translates .to 'for the public good', a phrase which should serve as the principle _guiding any volunteer program.

2. Our social responsibility as members .of the legal community to address growing · societal concerns and to counteract the paucity of legal services available to large .segments of the population in this country.

3. The hallmark of a true profession is found in its willingness and ability to provide pro bona services.

4. The A.A.L.L. Code of Ethics establishes such service as a professional obligation. (see INTRODUCTION)

J

S. For the satisfaction of - assisting another human being in need of legal services and/or setting legal precedents or public policy.

American Association of Law Libraries . Code of Ethics, adopted September 1978.

2-16

WHAT --rYPE OF ORGANIZ..\.TIONS ARE .ELIGIBLE 'TO RECEIVE PRO BONO SERVICES?

In the. initial . stages f setting up a pro bone program it is recommended tliat librarians work within established pro bono programs. Operating through established channels will expedite the initial organization and administration of Lhe pro bona program. Contact with an established program also-provides an opportunity to assess the viability of procedural and practical aspects of the pro bona project that.may not be obvious from the start. The program can be expanded over . time as interest and need dictate. Individuals should be encouraged to seek out projects of interest, however , any individually arranged activity should be registered wi th the . pro bona program coordinator in order to accurately document services provided and offer appropriate recognition.

Tar gets for pro bone services:

· +· Direct gov ernment programs established on the ±ederal and state leve l s to bring legal aid to the indigent.

2 . Programs operated by legal aid societies and law school clinics.

3 . Pro bone activities conducted by individual attorneys a nd bar associations.

-, ~. Independent non-profit organizations that provide lega l or other services that benefit the public.

5. Correctional facilities with inmate populations in need of legal research training and / or assistance.

WHAT PRO BONO SERVICES CAN LAW LIBRARIANS PROVIDE?

According to the American Bar association, " (a) lawyer can employ ... lay ... or non lawyer researchers. In fact, he ( she ) may employ nonlawyers to do any task for him(her) except counse l clients about law matters, engage directly in the practice of law. appear in court or appear in formal proceedings (as) a part of the judicial process, so long as it is he(she) who takes the work and vouches for it to the client and becomes responsible for it to the

2-17

,...

It _is essential that both the librarians and the legal services organizations understand the imitations placed on the services iaw iibrarians may provide. Unauthorized practice of law may be avoided by adhering to the following _guidelines for provision of .services: ·

1. Organizing collections .aimed at ·~ther -pro bono volunteers. Setting up And/or_maintaining a library for a legal services organization.

2. Selective dissemination of ~nformation. Monitor publications in order to compile listings of books, articles, cases, ~nd iegislation of interest to legal .services organization.

3. Develop referral lists for the legal services organization.

4 . Developmen t of annotated. bibliographies.

5 . Creation of ..subject-ori ented legal research guides.

6 . Conducting research on a specific i opic. This consists of locating and gathering the information. The librarian s hould no t be ~xpected to interpret the materials.

7 . Perform computer assisted iegal research (responsibility f o r -costs incurred is a ma tter to be settled between the volunteer, ..the iegal services organization and possibly the librarians' employer.)

8. Provision of over-the-phone reference services for the legal services organization. ·

9. Photocopying and/or expedited .delivery of documents.

This is by no means a complete or binding list of services . Flexible and creative thinking can yield an array of services to be offered.

ADMINISTRATION OF THE PROGRAM

Coordinator of Pro Bono Project

First, and foremost, it is recommended that a single individual be designated as the pro bone coordinator. The pro bone coordinator serves as a "broker" between volunteer law librarians and the attorneys/organizations to which they

i ABA Comm. on Professional Ethics and Grievances, Formal Op . 3 16 ( 19 6 7 )

·2-18

desire to donate their services. The coordinator does not field queries him/herself, _but serves as a.natchmaker between intereste librarians and qualiiied programs. This entails 1naintain~ng an accurate and updated file of volunteer interests, availability, and levels of commitment.

~he coordinator may screen requests to determine if they are appropriaue, but for the most part, the responsibility for accepting ? r declining a volunteer opportunity remains with the individual librarian. Additional responsibilities of the coordinator may include, but are not i imited to tne following:

1. ~unctioning as a translator between volunteers and the organizations they will serve. This includes clarifying the working relationship, evaluating program utilization, client/volunteer satisfaction, and monitoring projects.

2 . Serving as~ catalyst to · maxirnize volunteerism. Promoting the program through the media, bar association newsletters, and local law library association publications.

3. Providing leader.ship, continuity, planning, and creativity i n t h e implementation and management of the pro·grarn. ·

4 ; Soli c i ting funds/resources to administer the program and / or · to cover the out-of-pocket expenses incurred (advertising , photocopy/document delivery costs, travel, computer . assisted legal research , recognition awards, etc.) Possible sources include private iaw firms, · bar associations, loca l law ibrary organizations, legal database publishers, as well as the general legal community.

5. Contacting organizations Qr members of the lega l profession eligible to receive the services of the program.

6. Setting up a grievance procedure to harrdle· complaints. Despite the commitment to provide the highest quality service, there will inevitably be problems. Any pro bono program must develop a fair, uniform and objective procedure for dealing with problems as they arise. Possible avenues include:

a) Informing librarian or attorney of the · nature of the complaint.

b) Setting up a grievance committee to examine problematic situations .

.2-19

c) Placing limitations on future referrals to a particular volunteer or on providing assistance to - a particular attorney or legal services organization.

d) "Firing" a volunteer i~ the ultimate sanction and as such, is not to be taken lightly. Howev~r, this option should be available to solve problems should they arise.

El ements of an Effective Pro Bono Program

1. The ability to attract and retain the volunteer efforts of a significant percentage of law librarians in your area.

2. The enactment of a detailed plan addressing the exact nature of volunteer services to be provided ·in o·rder to both prevent misunderstandings and insure satisfaction ·on the part of the volunteer iibrarians and the legal services organizations.

3. Close coordination between the local bar association pro bono director and the law library association pro bono project coordinator, as well as the strong support of both entities for the pro bone project.

Getting Started

1. Select a pro bono· project coordinator to administer the program.

2. Solicit interest among law librarians in your area. Present the idea for the program at a chapter meeting and include volunteer sign up forms in the chapter newsletter. ( see ATTACHED SAMPLE FORM)

3. Identify and contact legal services programs with which to work. Initially, you may want to contact your local bar association pro - bono coordinator in order to link up with an established program. Contact the American Bar Association Private Bar Lnvolvement Project (they help local bar associations to develop pro bono projects) at (312) 988-5772.

4. In anticipation of program expansion, create a list of possible organizations which might be interested in utilizing volunteer services. Organizations to target include legal aid programs and organizations that litigate on behalf of the public interest and/or use the courts to achieve changes in public policy. An

2-20

excellent listing of public interest organizations is Public Interest Law Groups: Institutional Profiles 3

which can serve as a guide to uncover legal service organizations in your area and the varied focus of such organizations in general.

S. Obtain institutional (university, firm, or government agency) support of both the pro bono program and of the librarians participation. Solicit funds and/or resources to support the program. Librarians need t o b e aware of possible conflicts of interest, thus clearing any projects with employers is highly recommended.

6 . Pro bono project coordinator links interested parties wi th volunteers and monitors how the program is operating . Volunteers must fill out regular reports of activity including type of pro bono service, number o f hours involved, resources expended, etc.

7. Set up a mechanism for recognizing individuals involved in t he program. At a minimum, publish a list of v o lunteers in the chapter newsletter and send a note of appreciat ion to each librarian upon completion of a pro j ect . Encouragement and recognition substantially l ower attrition rates. ~other possible modes for recogni t i on include awards and/or linking eligibility for chapter grants/scholarships to attend the A.A.L.L. conference to pro bone service.

8 . Evaluation ±orms accompanied by a self-addressed stamped env elope shoul d be sent to each participant in the p rogram.

'

Stacy Wynne Dorian University of Colorado Law Library Boulder, Colorado May 1990

3 K. O'Co nner & L. Epstein, PUBLIC INTEREST LAW GROUPS: INSTITUTIONAL PROFILES (1989)

2-21

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PRO ~ONO PROJECT: VOLUNTEER "INFORMATION

Please print or ~ype all information.

name job title

work address _____________ _ .work .tel# ( ) ____ _ type of library :

academic private

government __ _ special / corporate __ _

home address -------------- home tel# ) ____ _

Would you -prefer to be contacted at _work _home _no preference

*****************************************************************

special interests or expertise: .

Areas of litigation in which you would be interested in working (Please check all that apply):

legal needs of the elderly

civil rights (gender, race, age, sexual orientation discrimination)

immigration/refugee status

legal needs of the homeless

housing issues/tenant _groups

domestic relations

other

employment discrimination

legal needs of disabled individuals

consumer litigation

_ .legal needs of persons living with A.I.D.S.

death penalty cases

legal needs of children

***************************************************************** Availability:

How many hours//projects are you willing to volunteer for?

2-22

Time restrictions: available during evenings days weekends

yes yes yes

no no no

Are you or your employer willing to absorb costs incurred during the provision of pro bono service·s (photocopy, costs of expedited deli very, computer assisted legal research, travel) ? Please detail:

*****************************************************************

May we include your name in a published iist of those who have contributed time to the Law Librarians Pro Bono Program?

---~yes ____ no

** ***************************************************************

Additional Comments:

\

' .

**************************************************************** *

Remember, filling out this form does not constitute an obligation to contribute time to the program. Completion of this form i nd .tea tes a willingness to consider pro bono projects as they become available. The amount of time you wish to volunteer is up t o you. Each volunteer is free to accept or turn down any offered assignment. In addition, feel free to arrange your own pro bono projects, but we ask that the project manager be informed of any such opportunities.

2-23

-; _____ JB\ __ 1990-91

CHAIR ~muel S. Smith

701 Bnc~ell Avenue 18th Floor

Miami. FL 3313 1 'JOS/789-2727

The Honor•~ Judith M . Billings UW> Court oi Appe.ols

2'30 South S00 last s..11 uke C11y, UT 84101

801/S33-b800 w,llwm 8. Dunn

1600 First Feder.ol Building 1001 Wood..,,.•ard Avenue

~!root. Ml 46221> 313/%5-ISSl l

J.ock B. M1ddle1on P.O . Box 326

40 Swk Street M.lnchesl"' . r-H 03105

fi03 / 62S..f.4b4

Drucilla Steodt>1 R•mey Su,,~ 700 b8 s -~"' si .. ,,,.

S..,, Franasco. CA '>4105 41S/7b4-1600

Phd I. Record Msoct.ale b.ecu11ve [ d1t0f f ort Worth Sw-Tek-gram

400 West 7th Street P.O. Bo, 1870

fort Worth. TX 76101 &17 /390-7692

MMy E.kuberh Sr. Cwt E,.ecu11ve Oi,e<1or

StAr, II.Ir ol Nl"V.do 500 South Third SUeel '

Lob Veps, NV 89101 702/382-05,0]

Allan J. T •nenbaum Suite 400

359 last P.oces Ferry Road Alwiu. GA '30305

~/2bb-2930

Board oi Governors Liaison H1la11e ~~~

2Ckh floor 1221 BrK~t-11 Avenue

M<>m,. f l 331l l 'JOS/579-0745

AUOC'411t' t.,ecut1\le

Vice P,.,idt,nt/ Pwvung •nd 0.-velopment

~ndra R. Hughes J 12/981l-S4 I 7

D1rec1°' Center iOf PM1nerih1p

Prog,.ims Eileen M. Murray

312/968·>41>4

Al.W,1.1nt Sta ff 01recto, Cent~ for Partoenh1p

Program, Tom Ttw1.Jy1I

312/91!1! -bl~b

AMERICAN BAR ASSOCIATION

February 26, 1991

Bobbie Studwell University of Colorado Law Library Campus .Box 4 0 2 Boulder, Colorado 80309

Dear J.1s. Studwell:

Commission on Partnership Programs 750 North Lake Shore Drive Chicago, IL 60611

Your letter of February 19 to Ernest Sevier was forwarded to-me as Chair of the ABA Commission on Partnership Programs (~ormerly the Coordinating Committee on Outreach).

The pro bono ·law library involvement project of the AALL Legal Information Servi~e to the Public section is of special interest to the Commission. As you can see in the enclosed Summary Report and overview of the Commission goals, our efforts are directed towards encouraging activities which will increase public understanding about the legal profession and our justice system as well as increase service to clients and the community.

We would like to keep infor~ation on your program in the £enter for Partnership Programs Clearinghouse, and would be happy to publicize it · through our periodic Partnership Update newsletter. Update is sent to state nd local bar leaders and others interested in the Partnership initiative.

Congratulations and good luck with your fine program. If there are other ways in which we can be of assistance to you ~n the £uture, ple~se feel free to call Eileen Murray, Director of the .Center for Partnership Programs at (312) 988-5464. ·

Sincerely,

Samuel S. Smith Chair

. .

FEB 2 7 1991 ~ ORTH CAROt lNA BAR ASSOCIATION

NC BAR CENTER 1312 Annapolis Drive Raleigh, NC 27608 (919) 828-0561 NC WATS 800 662-7407 FAX: {919) 821-2410

President George B. Mast P.O. Box 119 Sm1thheld , NC 275TT

Pl9aident-Elect Rhoda B. Billings P.O. Box 7206 Reynolda Station Winston-Salem, NC 27109

Vice Prnldenta Jusuce John Webb Judge James M. Long Judge A. Elizabeth Keever Percy R. Luney, Jr. C. Edwin Allman Jett 0 . Batts

Immediate Past P19aldent Larry S. McDevitt

'l\:>'-lngl.awyera DMalon Chalrman R. Donavon Munford, Jr.

Executive Director Allan B. Head

BOARD OF GOVERNORS

Tenna Expiring 1991 Henson P. Sames ... . . . ... Goldsboro Ronald H. Garbe.- . .. . ...... . Raleigh Eogar Love, Ill ..... ....... Char/one Susan Freya 0 11 1111 ... ~ - ....• Durham David K. Tate ......... Winaton-Salem W. Gerald Thornton ......... Raleigh

Tenna Expiring 1992 Arlene J . Diosegy ........... Raleigh C. Wells Hall , Il l ..... . ..... Charlotte John L. Jernigan . . .......... Raleigh Leon M. Kill ian, Il l ...... . . Waynesville Dean A. Rich ........... . . PinBhurst John L. Sarratt . . . ....... . . . Raleigh

Tenna Expiring 1993 Margaret DuB. ,..,ery . ...• Gt8ooabof0 Marshall A. Gallop, Jr ... . Roclcy Mount Peter S. Gilchrist, Ill . .. . .. . . Charlotte Frank Goldsmith ......... . . . Marion Wilham F. Maready .... Winston-Salem Roben E. Riddle .... .. . .. . . ~ilJe

P.O. Box 12806 Raleigh North Carolina 27605

February 25, 1991

Ms. Bobbie Studwell American Association of Law Libraries Legal Information Service

to the Public 53 West Jackson Boulevard, suite 940 Chicago, IL 60604

Re: American Association of Law Libraries Pro Bono Program

Dear Ms. Studwell :

Thank you for your letter of February 19, 1991. I was interested to learn of the AALL pro bona initiative .

Please feel £ree to give any interested parties in Nort h Carolina my name. I look forward to working with members of your organization.

,,.. -- ' / .

/ Sincerely,

lu~vJ_______---Anne Winner Director of Pro Bono Activities

AW:fe

cc: George B . Mas t Rhoda B. Bill ings Maryann B. Crea